Forum Replies Created
Go long as possible because you can always pay it off early by making higher repayments or lump sums. If things get tight then you acn reduce your repauyments. If you are paying on a shorter term you don't have the same flexibility.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
No, second property will be subject to CGT.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
For structures you really need a lawyer and tax advisors. Some financial planner set up structures but you really do need a good tax advisor.
Try http://www.houseofwealth.com.au for tax and structures (disclaimer. I consult to this company).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
No. Because you are looking for an IP and not yet purchased. Trips to an accountant may be deductible if it relates to your tax affairs.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
No that is not possible unless the 'business' is a separate entity.
Obtaining an ABN and/or a business name doesn't change things as you are still a sole trader and you cannot trade with yourself.
If you want to do that sort of thing you would need to open a company or a trust. The company could then with you the individual and you could charge a fee.
Watch out for licencing. Builders need to be licenced and the license needs to be in the name of the contracting entity. There is a recent QLD case where a couple of builders opened 2 trusts which then entered into a partnership. The individuals were licensed but the trustee companies or the partnership wasn't. So the contracting party was not a licenced builder and some client refused to pay on this basis and the customer won. They also got prosecuted for not having a buidling licence.
Walton Construction (Qld) Pty Ltd v Plumber by Trade Pty Ltd & Ors [2012] QSC 264
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
What were the terms and conditions of the contract you entered into with the domain name supplier? Have a look into that.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
maybe 40% LVR
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Boyd Property Group wrote:You can gear your existing property easily by transferring the equity into your PP (the new home) and then using that homes equity as security for your old house which is now able to be geared 100%
You are implying there is a benefit to this. I cannot see any tax advantage as the deductibility of borrowings depends on the purpose. The security for the loan is irrelevant.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Boyd Property Group wrote:Hi Leo,You are correct your existing house could be sold CGT free but if you want to rent it out from this point forward there will be partial gains to be paid in the future. For example if you lived in it as your PP for 10 years and you paid 300k for it and now it is worth $550k then if you sell now you take the $250k prof tax free. In the instance that oyu decided to keep it and rent it out for say 2 more years and claim as an investment and you sell it after this point for say $600k then you will have to pay CGT on 1/6 of the 300k profit. Unfortunately it is purely a time based calculation and not based on a valuation at the time that you move out of the property and then commence the use as an investment. As you can see on the above calc you would pay $50k CGT just so you can rent your property out for 2 years and possbily make another 50k which defeats the purpose.
This is incorrect. see s118-192 ITAA 1997.
It is best not to take tax advice from a real estate agent as it could cost you dearly.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
First thing to do is get a copy of your credit file. It is likely you will have bad credit as well as your wife (by the sound of things). If so you will need to wait and/or get a much larger deposit.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
On those numbers it is probably best to sell.
If in VIC you could sell to a spouse in full or part and avoid stamp duty. In most other states stamp duty would apply.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Ideally you would have a 100% offset account set up on the $150,000 loan – if you are going to be living in the place long term then have the loan PI if just renting it out for 1 year there is not going to be much interest saved by switching to IO so you may as well just keep on ploughing money into the $150k loan to get rid of it asap.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It is fun, but very complex too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You mean conveyancer? In NSW we have lawyers and conveyancers doing property. In WA I think Coveyancers are called settlement agents but they are not lawyers and are not legally qualified to practice law.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
JacM wrote:Terryw wrote:JacM wrote:How much do they owe you? You can get a company shut down if it owes you more than $2k and doesn't pay up. I remember Terry mentioned it onceJacM are you referring to s459E of the Corporations Act?
http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s459e.html
Issuing a statutory demand?
Hi Terry, yes. I remember it from this thread; https://www.propertyinvesting.com/forums/property-investing/help-needed/4344676
Although it is very easy to issue and serve a statutory demand the next step could be very dangerous to the average punter.
What happens if they challenge it? You would need to either withdraw or front up to the supreme or Federal court ready to defend it.
If they don't challenge it then you will have to commence winding up proceedings and have an administrator appointed. Also in the Supreme/Federal Courts but much easier. Once this happens locks are changed and bank accounts are frozen and all the debts are paid or creditors are given partial or no returns at all depending on the assets of the company.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
renel wrote:My settlement agent is reffered to as the conveyancerMaybe thats the problem!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
What if one came in with $3000 more in tax deductions – how much would that save you?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
JacM wrote:How much do they owe you? You can get a company shut down if it owes you more than $2k and doesn't pay up. I remember Terry mentioned it onceJacM are you referring to s459E of the Corporations Act?
http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s459e.html
Issuing a statutory demand?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Don't use a company as there are adverse tax consequences.
You will probably need to set up several structures revolving around discretionary trusts.
If you were in Sydney I could speak to you further about this.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Jaideep.
Sorry I though you must have been Thai because "Jai Dee" in Thai means kind hearted so I thought your user name was trying to say you were a kind hearted property manager (pm).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au